Thursday, July 22, 2010

Can I Get Unemployment In Pennsylvania If I Quit My Job?

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Philadelphia Area Law Firm Specializing in Unemployment Appeals in Chester County, Delaware County, Bucks County and Montgomery County

Unemployment benefits are incredibly crucial to many Pennsylvanians. If you quit your job, you may
still be entitled to unemployment benefits, but only in somewhat limited circumstances.

Do Not Quit if They are Trying to Make you Quit!

You May Want to Look at John's YouTube Video Discussing Whether Employees Who Resign from Work Are Eligible for Unemployment Benefits

If you quit because you are told you will be fired IMMEDIATELY if you do not quit, then you will be entitled to unemployment benefits – provided that the reason for your impending termination was not willful misconduct.

You May Want to Look at My June 2014 Video Explaining What the Term Willful Misconduct Means Under Pennsylvania Unemployment Law

So, if you were going to be laid off THAT DAY due to alleged poor performance, elimination of your job due to reduction in force, lay off or other reasons unrelated to your violation of a work rules, you will get unemployment benefits if you choose to quit in lieu of immediate termination.

In my experience, many employers under these circumstances attempt to convince unemployment that your quit was purely voluntary, and was not "in lieu of immediate termination" because you were not going to be fired that day.

I Was Laid Off and Offered a New Job at the Same Time - Am I Entitled to Unemployment Benefits? This is Decided Under the Law of Suitable Work Offers
If your job is being eliminated, or if your temporary assignment is ending, be very wary of employers who attempt to offer you a new job immediately after telling you your existing job was being eliminated. Then when you decline the new job (which usually has a dissimilar schedule, lower compensation and different duties), they characterize it as you quitting your job.

In fact, the truth is that you were laid off from one job, and offered a new one. The fact that it was the same company that did both things at the same time does not legally change anything.

The law says you were eligible for benefits at the moment you were laid off, and remained eligible for benefits unless the new job offered to you was similar to your former job in terms of hours, duties, location, compensation, etc. - that is, if the new job offered "suitable work" comparable to your previous job.

Unemployment Law Firm With Representing Employees in Referee Hearings in Bristol, Springfield, Malvern, Norristown and Philadelphia

The more difficult situation is when an employee quits his/her job for "personal reasons." In such cases, one must prove the existence of a "necessitous and compelling" reason for quitting. This is not an easy task, and you should consider retaining an attorney for your unemployment appeal hearing if you fall into this category.

What is a Necessitous and Compelling Reason For Quitting a Job Under Pennsylvania Unemployment Law?

Here are some of the most common examples of a necessitous and compelling reason to quit your job:

1) a substantial reduction in pay (>25%, usually)

2) transfer to a different job location that creates a hardship either due to length of commute or impact on family responsibilities (i.e. can no longer pick up kids from school because commute is an hour longer)

3) significant change in work hours/schedule. Such schedule changes can justify a quit if they cause a substantial change in lifestyle (day work to overnight work), a substantial reduction in pay (40 hours per week to 30), negative impact on family obligations (instead of getting off at 3 and being able grab kids, now work until 7), etc.

4) significant change in job responsibilities (these can be tough cases, it has to result in demeaning circumstances)

5) spouse is REQUIRED to take a new job or fulfill military obligation elsewhere and you cannot afford to maintain two households (you must prove spouse was REQUIRED to take the new job - it cannot be a voluntary choice no matter how good the new job offer was)

6) a job offer from a different employer (you must have the offer in hand before you quit your job). This only becomes relevant when the new job falls through so that, 3 weeks/months after you quit you need to apply for UC Benefits - also you have to prove you lost new job for reasons other than your own misconduct)

7) persistent and significant mistreatment by a boss or employee that continues despite you bringing the issue to the attention of management (this is the most common reason for quitting -most people refer to this as a "hostile work environment;" it is also the most difficult situation to deal with when seeking unemployment).

43 comments:

Anonymous
said...

My company is moving 20-30 minutes away. I know this is not to far, but I already drive 40 minutes to get there. I spend way to much on gas as it is and I can't pay more along with new tolls. Would this be a good enough reason for me to quit and collect so I can still support my family while looking for a new job?

This is a very fact specific question, and there really is no way to predict an outcome on the facts presented.

One thing for sure, you need to make a quick decision; the longer you commute tot he new location, the less chance you will have for quitting and getting UC benefits. Also, see if the employer can let you work from home from time to time.

Hi, I've been working in the same company for five and a half years, but I have found it necessary for me to resign, due to geographic change by my husband for a new job That Requires me to quit to move Along with him, I currently live in Pennsylvania, and we are moving to Texas, my husband is already there. Do you think that I can get unemployment benefits if I quit?

My daughter is being subjected by her boss to verbal abuse numerous times a day. He also changes her schedule so that she is supposed to work when was told she could be off to attend her college classes. She says he does this to front office staff to make them quit so he doesn't have to give raises. So far as I can tell, she's not being discriminated against for race, gender, etc. , but no one should be subject to working conditions like this. What are her options?

I work in a insurance office and get paid salary and commission. I make most of my money on the commission. I ran a office in the city where it was busy and a lot of sales. The agency I worked for closed that office and moved me up to the suburbs office. There is a lot less sales here, practically nothing. I had to move back to the burbs, with my parents. I do not make nearly enough money to survive on my own now. It was like taking a big pay cut. Am I able to quit and collect?

I needed to switch positions at work from fulltime night shift to a per diem position. The company at the time was advertising for per diem help with the same qualifications I have. 4 weeks prior to me requesting this they allowed another employee to do the same thing. I had a good work record for 6yrs with the company. The reason I needed to switch was because of a relationship break up which changed my babysitter situation. I talked to my superviser about this. I was told to just put this in writting. I did. I said I wanted to resign from my fulltime position to per diem, which also had the hours I needed. A few days later I was called by the HR person and told I was not going to work per diem and my position was already posted for bidding! He added its at the companys discrection who can and can not switch, so I was out of a job.Will I be approved for unemployment?

I work in a very hositle work environment the owner runs around screaming at everyone all the time they tell me on a regular basis that I am stupid, he says this infront of a whole room full of people and I was told there is nothing that I can do about it because he does it to everyone in the shop. This job has caused me to hate my life hate getting up every day to go to work. If I were to quit would I be able to collect unemployment?

I work in what I consider to be a very hostile work environment. The owner runs around the shop screaming at everyone telling them how stupid they are and how they can not do anything right. There are certain people there that are treated on a whole different level than everyone else. I get told on a regular basis that I am stupid. I have been working for this company for 7 years now and I have been told I can not file and complaints because he does not single me out in this treatment. But working in this environment has made me hate life, makes me feel worthless, makes me hate getting up every day to go to work. If I were to quit would I be eligible for unemployment. I can not afford to be out of work but I can not see me staying.

I was with my company for almost 4 years. I recently was given a new trial position I worked in for about 6 months, and trained someone to take my old one. The trial position I was in was eliminated and my employer offered me to resign instead of being terminated. So I would have a good mark on future resumes, and agreed they wouldn't contest unemployment claim. Do you think I will be deemed eligible by PA? I filed today.

}H}i i jus recently relocated from one state to another its gonna be really difficult to commute to and from work especially with 3 young children. }}}}If i was to resign what are the chances of being able to collect unemployment}?

I've been with my current employer for six years. Around the three year mark our company was bought out by a larger company, customers have started to verbally abuse me multiple times a day, and this has lead to massive amounts of stress. I was told to take 5 minutes away from customers, but the more I do that, it affects my schedule adherance and I get written up. I am also not able to meet my sales quota due to these changes and have been written up for this as well. Due to the stress I have taken days off to see a doctor and theropist, which also puts me over a limit and possible termination, both agreeing that my stress is high due to my job. I would rather quit to avoid a red flag on my resume, but if I quit due to stress, will I be able to collect?

Hi, I would like to know if I quit my job due to stress in Phila, can I collect unemployment? I work in Child Welfare and my daughter was raped and it has put a lot of pressure on me and my family with regards to the nature of my job. Is there any thing I can do ?Thanks

I've recently been diagnosed as bi polar. My boss has been giving me a hard time before the diagnosis and has recently started up again. My work environment is exceedingly stressful to my condition and my concerns over these things has have been pretty much met with a lot of hassle and struggle on my part. I don't think I can stay at this job. There are too many "hostile" work environment factors to even list here. If I quit for health reasons( not sure I qualify for disability) am I eligible for unemployment ?

Hi I would like to know if I'm eligible for unemployment benefits if I resign due to medical condition. I am currently on a leave of abscence. But my condition is progressively getting worst. I am currently under the supervision of a psychiatrist and am on heavy medication.

I have been remiss. Lallow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again,, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again,, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees iin quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or younwill not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

I have been remiss. Allow me to respond to some recent comments. Bear in mind many involve complex issues so these are simply my succinct thoughts. Here we go:

* If you quit because you are disabled, you will not be immediately eligible for UC benefits because you have to be available for work to get them. Disabled people are not available. It can be done but you need guidance to understand how....For example, if you quit because your physical illness (think: broken leg, heart condition) makes it impossible to work now, but then you get better 6 weeks after you quit so you can work again, you may be eligible when you get better. The most difficult circumstances are the most common - when your job is causing you so much stress that you have to quit. It can be done but probably not without legal guidance along the way....Your doctor will have to work with you and counsel will have to guide the process, but it can be done.

* If you have to quit a job because the schedule makes it difficult or impossible to care for your children, you may be eligible for UC benefits. Again, this can be dicy. It is easist, for example, when you have worked the job a while and they change your schedule...If you just started the job it can be done, but it may be harder. The burden on employees in quit cases is significant so, again, seeking legal counsel is wise.

** Remember, in quit cases you must try and "make it work" before you quit or you will not get benefits! This is why seeking counsel before you quit is wise. Counsel knows what evidence you need to win a quit case and can help you develop tht evidence before you quit.

* Finally, never resign if your job is eliminated. A very bad idea. Many employers later claim your job was not being eliminated and then you will be denied UC benefits! Your employment record is private, so you gain nothing by resigning!

Hello at my recent job we work a crazy amount of hours in a week over 60 almost every week and my boss yells and screams at us all day non stop he is a crazy person he has to be bi-polar and i cant take it anymore and this winter was extremely cold also making it worse being outside for 50% of a 14 hour shift. i was there for a year and 3 months and finally i left.... I filed already for uc benefits already but was denied because "I put that I was going to go back to school. i told my boss back in December that i needed a day off a week for a couple months while i was going to school starting in February at the time this was not a problem. then February comes along and he says he cant give me a day off a week for school."... and that was my plan to go back to school for my wastewater operator cert. but now i cant because of no income to pay for school. and the notice of determination paper i received says school doesn't cut it to receive uc benefits....so what does my boss being physco, him calling me a loser for biting my fingernails? i am going appeal this case but i don't know where to start...can i now state on this appeal he is crazy and works us to death or do i still have to say i was going to go to school......i decided that back in November that going to school was the best way to get out of this slave of a job and now im screwed out of a job and cant afford school...please help if you can thanks F150

Hello at my recent job we work a crazy amount of hours in a week over 60 almost every week and my boss yells and screams at us all day non stop he is a crazy person he has to be bi-polar and i cant take it anymore and this winter was extremely cold also making it worse being outside for 50% of a 14 hour shift. i was there for a year and 3 months and finally i left.... I filed already for uc benefits already but was denied because "I put that I was going to go back to school. i told my boss back in December that i needed a day off a week for a couple months while i was going to school starting in February at the time this was not a problem. then February comes along and he says he cant give me a day off a week for school."... and that was my plan to go back to school for my wastewater operator cert. but now i cant because of no income to pay for school. and the notice of determination paper i received says school doesn't cut it to receive uc benefits....so what does my boss being physco, him calling me a loser for biting my fingernails? i am going appeal this case but i don't know where to start...can i now state on this appeal he is crazy and works us to death or do i still have to say i was going to go to school....... i decided that back in November that going to school was the best way to get out of this slave of a job and now im screwed out of a job and cant afford school…please help if you can with some advice thank F150

I have been with my (small) company for 4 years. I have been moved to different offices 2 times already, the last move I wasn't very happy about because of distance but I did it, one year on & I find out they want me to move again this time to NJ. This new office is an additional 9 miles added to the already 22 mile commute I have to my current office. I spoke to my employer & expressed that I am not sure about moving to this new office because of the now over 30 mile commute & the fact of working in a different state (is there tax implications living in Pa & working in NJ? ) his response was if i don't want to move that there will not a position available for me in any of the Pa offices. With that response does that mean I'm being laid off or would it be looked at like i quit. If it's looked at like i quit could i still apply for UC Benefits.

I started seeing a psychiatrist 1.5 years after working for my employer. I am currently on FMLA because the stress level is so high, I currently have anxiety which has also led to depression. While at work, I break down because the work environment and the job does not help my situation. At this point, I am looking to quit my job to get peace of mind. The reality is, I need FMLA in order to quit my job, and of-course my employer is always on my case. If i do decide to resign for my sanity sake, will i be able to collect unemployment?Thank you for your time

I want to know if i quit my job do to the fact that my employer is switching my hours from days to nights. they are also reducing my hours i will be going from 34 plus hours down to 20-23 hours a week. which i will no longer be doing my job duties that i am doing right now. plus i live in new york and i commute with co workers to pa for work and i will no longer have a ride do to the fact nobody that is commuting is staying. could i collect unemployment if i quit do to these circumstances

So if I inform my employer that I am moving to a new location and as such looking for a new job in that area and will give notice once I find a new job, can I collect UC if my employer lays me off rather than waiting for me to quit?

I am working hours and not being paid. When I was sick just recently I was chewed out and I couldnt help being sick and it isnt all the time. I am beig treated unfairly and was wondering if I would recieve benefits if I quit.

Ok, so my fiance has been getting mistreated by his job for sometime now, he has been told that he can be talked down to and disrepected but is to just take it and not say anything back. He recently had a meeting with the main boss and told that they can do whatever they want he is to shut up and take it or quit. I do not believe that he should have to take this kind of discrimation and hatred, I want him to be able to quit his job due to it is taking a toll on him which in turn has takin a toll on our relationship all over a job. Would he be able to collect unemployment and if so how would we go about proof of this?

Hello, I am currently 36 weeks pregnant and my doctor doesn't think I'll last until my due date. Up until November I was told by many other co-workers that I could get short-term disability due to the fact that I have to have a repeat c-section. I've been work this company for almost 5 years. I sent an email to HR in November inquiring about the process and requesting the documents needed to get the process started. I was informed at that time that my company does NOT offer any kind of disability. To add to this, my boyfriend just got laid off from his job, which he cannot collect unemployment because he's only been there for 5.5 months. Now, I'm about to go on UNPAID FMLA and we will have no income to pay for even the basic needs (rent, food, heat, electric). I was a manager in a commission-based job, but with a base salary. I told my superior that I was worried about finances and he told me that I would make more money as a sales rep. It's a step down, and not what I wanted, but felt I didn't have a choice. I've looked into every kind of temporary assistance I can think of and get denied because they go by previous months of income. My location is typically very slow and my superior had insinuated moving me to a busier location if I stepped down. I agreed and he kept me in the same location, making very little money... and about to make none. If i quit due to these circumstances before taking my unpaid fmla, can I still get unemployment compensation? This would be the only way I'd have income while I'm off so that I can pay rent and put food on the table and I'm terrified. I also have a 6 year old at home. I've always been at that fine line where I make too much for any kind of help, but not enough to pay all the bills. Now worried we will end up evicted and no where to go.

I've been out of work due to a serious medical condition that has culminated to my inability to drive. I've provided letters to my employer stating such and they continue to offer me unpaid medical leave. (I've already exhausted FMLA). Just recently, they've offered another position without driving but only in obscurity. I'm worried they are attempting to make the credit weeks subject null and therefore not have to pay unemployment. What can I do??

I've been out of work due to a serious medical condition that has culminated to my inability to drive. I've provided letters to my employer stating such and they continue to offer me unpaid medical leave. (I've already exhausted FMLA). Just recently, they've offered another position without driving but only in obscurity. I'm worried they are attempting to make the credit weeks subject null and therefore not have to pay unemployment. What can I do??

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Can I collect unemployment if I had to quit my job to take full time care of my son with autism who has been regressing because the lack of time I have to spend caring for him. I asked for a leave at work and was denied and I've been working for eight years straight but three and a half with this company.

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My employer does not offer short term disability or maternity leave, I have to have a csection and am also having a hernia repair so I have to take a leave of absence, is there any point in even attempting to file for unemployment? Any chance at all of getting benefits?

I work for an in home care group that takes care fo people. I have been here fro 5 years. Just resently they started sending me like an extra 40 miles away from my home. I attempted to let them know that i can not travel this far due to having my daughter. If something happens while she is at schol i have a certain amount of time for me to get to her. They seem to be very upset with me due to this fact. But i have never been expected to travel this far before. They also changed my supervisor about a year ago . I feel as though she never listens to what i have to say or just doesn't want to hear it. If they continue to send me this far I am going to have to look for other employment options. What recommendations do you have for me to help me get them to understand my situation.

I worked at a salon for almost 3 years and within the 3 years I've went to my boss and manager about my co worker disrespecting me, causing altercations in front of clients and nothing gets done. Recently she tried sabotaging me by taking money out of my register to make my register off, however that same day I went to my bosses assistant and told her that my co worker and I had a verbal argument on Saturday causing me to leave early from work. So when I left we didn't have to worm again until tuesday, which is the day I realized the money was missing. She then went to my co worker asking her about the money and she had an entire explanation that didn't even make sense. Long story short, the assistant tells me, " look k know you went to the boss and she never does anything, and I'm done babysitting you two". I was in shock and furious. So I left. My manager calls and asks me what was going on and I told her everything and her response was " I'm sorry I don't even know what to do or say" and that's when I said I'm afraid to come back because I don't know what she is capable of doing. So all in all is this an eligible claim for unemployment for the "hostile environment"?